Terms of Use Solar Trend Report Full Access
These terms of use apply to all products, agreements, services and the Website of Dutch New Energy Research (DNER) and Solar Trend Report Full Access; all trade names of Good! BV. When using the website (DNER) or Solar Trend Report Full Access, these terms of use form a binding agreement between the user and Good! BV. Please read these terms of use carefully so you know what your rights and obligations are when you use the website.
Article 1 Definitions
1.1 In these Terms of Use the following capitalised terms will have the meaning assigned to them below:
User: the legal entity that has concluded an agreement with the Organisation and has received a Licence;
Terms of Use: these terms of use;
Login Details: the user name and password with which the User can access the Website;
Intellectual Property Rights: all rights of intellectual property and associated rights such as copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights and related rights, as well as all rights to know-how;
Licence: the right to use the Website, the dashboards and the Report as defined in these Terms of Use;
Licence Agreement: the agreement between the User and the Organisation for the use of the Website;
Organisation: Good! BV, a private limited company, with its registered office in Heerhugowaard, the Netherlands, and its business address at Stationsplein 99, unit 176 in (1703 WE) Heerhugowaard listed with the Chamber of Commerce under file no. 33302843;
Report: the Solar Trend Report Full Access with information about the Dutch solar energy sector, including the text and visual elements of the Report or digital dashboard(s), all in digital form and as hard copy;
Solar Data Service: the Solar Data Service with information on the Dutch solar energy sector for data suppliers;
Website: the website developed by Good! BV: Dutch New Energy Research (DNER), (mobile) Website and underlying technology, specifically the paid login module by which the User can read, inter alia, the Report and the dashboards;
Article 2 General
2.1 The Terms of Use apply to the use of the Website by the User and all legal acts of and agreements between the User and the Organisation, such as the use of the Website after logging in, the digital version of the Report and all of the Website’s User functions, along with the dashboards.
2.2 The Licence Agreement is formed after either the contract has been signed or the licensee was granted free access to the dashboard.
2.3 The Organisation may refuse requests for a Licence Agreement without stating reasons.
2.4 Any general purchasing or other conditions of the User do not apply to the use of the Website or to any relationship with the Organisation.
2.5 If any provision of these Terms of Use is void or voidable or is or becomes fully or partially invalid for any other reason, the remaining terms of the Terms of Use will nevertheless remain in full force and effect. The Organisation will replace the invalid provision with a provision that is valid and the legal consequences of which correspond as closely as possible with those of the invalid provision, having due regard to the contents and purport of these Terms of Use.
2.6 The current Terms of Use are published on the Organisation’s website (www.dutchnewenergy.nl).
2.7 The Organisation is at all times entitled to amend or add to these Terms of Use. If the User continues to use the Website after the Terms of Use have been amended, the User is deemed to have agreed to the amendment. If a User does not agree to the amended Terms of Use, it may cease using the Website with immediate effect, without the User being entitled to any compensation.
Article 3 The Website
3.1 The User can read the Report and has access to the dashboards by means of the Login Details that the Organisation makes available to Users.
3.2 The Organisation uses its best endeavours to make the Website available with due care and in a professional manner. The Organisation may at all times, without prior notification and without in any way becoming liable or liable for compensation to the User, change the contents of the Website and/or terminate (fully or in part) the Website or restrict access to the Website. The Organisation may also, without prior notification, carry out maintenance work on the Website as a result of which the Website may not be fully available.
3.3 The User accepts that the Website merely contains the functionalities, content and other features as available at the time of use (“as is”). The Organisation hereby specifically excludes express and tacit indemnities, promises and warranties of whatever nature.
3.4 The data presented in the Report and on the Website have been compiled with the greatest care, using professional methodologies and taking account of the relevant legislation with a view to presenting research results as meticulously as possible. The data in this product are based on interviews and questionnaires carried out by means of standard statistical methods. As such the research is subject to a certain statistical margin of error and is solely based on the facts that were available at the time of the research. In view of the foregoing, no guarantee can be given as to the precise and complete nature of the studies and the data available in those studies.
In any case, but not exhaustively, the Organisation does not give any indemnities, promises and warranties:
- that the Website (i) will operate without interruptions, (ii) will be free of virusses, Trojan horses and other contingencies caused by third parties, (iii) will be free of errors and/or defects in the design, construction, management and/or related aspects regarding said operation of the Website, and/or (iv) that any defects to the Website will be remedied;
- regarding the quality, security, lawfulness, integrity, accuracy and suitability for a certain purpose of the Website and the information published on it, unless explicitly provided otherwise in these Terms of Use.
The Organisation does not accept liability for the above.
3.5 The User is responsible for the procurement and/or proper functioning and security of the hardware and appropriate telecom facilities (including internet connection with one IP address) that are necessary to be able to use the Website.
3.6 The User is fully responsible and liable for all acts that it or a third party (or third parties) authorised by it performs by means of the Website.
3.7 The listed publication dates for the Solar Trend Report Full Access are indicative.
Article 4 Account and Login Details
4.1. The User is responsible for keeping the Login Details confidential. As soon as the User knows or has reason to suspect that its Login Details have become available to unauthorised persons or parties, the User must immediately inform the Organisation of this, without prejudice to the User’s own responsibility to take immediate and effective action, for instance by changing its Login Details.
4.2. The User accepts and acknowledges that the User is at all times responsible and liable for the use of the Website by third parties via the User’s Login Details. The User will hold the Organisation harmless for all damage and costs arising from and/or relating to the use of the Website by third parties via the User’s Login Details.
Article 5 Intellectual Property Rights and Licence
5.1. The IP Rights relating to the Website, as well as the information made available through the Website such as the Report, the texts, visual elements, look-and-feel, and visual or photo materials, is vested in the Organisation and/or its licensor(s). Nothing in these Terms of Use is aimed at transferring any Intellectual Property Rights.
5.2. Under the terms set out in these Terms of Use, the Organisation grants the User a restricted, personal, revocable, non-exclusive, non-sub-licensable and non-transferrable right to access and use of the Website.
5.3. The License is not accessible to user (s) other than Users working for the User whose name appears on the License Agreement. Subsidiaries, parent company or other trade names have no access to the License. The Licence is always linked to a maximum of six users and two IP addresses per user, in order to avoid misuse of the Licence. The single-user may use the Licence on one IP address. The multi-user may release users and more IP addresses. The number of IP addresses is always released in consultation and will be restricted to locations pertaining to and used by the User that likewise make use of the User’s specific trade name.
5.4. The Licence is restricted to the country in which the User has its main establishment. The use of the Licence in other countries is permitted solely in consultation with and subject to the approval of the Organisation.
5.5. Without the written consent of the Organisation, the User is expressly not allowed to download, copy, alter, apply reverse engineering to or disclose to the public the materials that are subject to the Organisation’s Intellectual Property Rights, or use them for any other purposes than those mentioned in these Terms of Use, unless mandatory Dutch law allows for such use.
5.6. If the Organisation suspects an IP violation, it will in all cases give instructions to a lawyer. (The maximum statutory fine for IP violation is € 83,000 (end of 2020). Some offenses are even regarded as a crime and the Public Prosecution Service has the possibility to proceed to criminal prosecution in case of an intentional offense. The judge can impose a prison sentence of no more than four years. The investigative service for infringement of copyrights falls under the FIOD-ECD.)
5.7. Insights from the report or dashboards can only be shared by the licensee internally. Sharing insights from the report or dashboards externally can only be done once DNER agrees, and with a proper reference to DNER.
